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All Journal SASI TATOHI: Jurnal Ilmu Hukum Balobe Law Journal SANISA: Jurnal Kreativitas Mahasiswa Hukum PATTIMURA Law Study Review
Dyah Ridhul Airin Daties
Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Law, Crime, Criminology & Criminal Justice

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Pengaturan Tentang Pekerja Migran dan Tanggung Jawab Negara Fadilah Lay Fatimah Ely; Popi Tuhulele; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 2, No 2 (2022): Volume 2 Nomor 2, April 2022
Publisher : Faculty of Law Pattimura University

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Introduction: The International Labor Organization (ILO) defines a migrant worker as a person who migrates, or has migrated, from one country to another, with the intention of being employed by someone other than himself, including anyone who is regularly accepted, as a migrant, for a job.Purposes of the Research: To find out how international law regulates the protection of migrant workers and how Indonesia is responsible for Indonesian citizens who are migrant workers. Methods of the Research: This research is a normative legal research with analytical descriptive nature. This research was also carried out or only aimed at written regulations or other legal materials.Results of the Research: The results of this study indicate that the regulation on the protection of migrant workers has been regulated in international instruments, including the Maritime Labor Convention 2006. Furthermore, it is regulated in the ILO Convention 188 concerning the Work in Fishing Convention, then namely the International Convention On The Protection Of The Rights Of All Migrant Workers And Members Of Their Families.
Perlindungan Gedung Perwakilan Diplomatik Republik Indonesia Dalam Konflik Bersenjata di Yaman Rusvinna Rizky Hariyanti; Arman Anwar; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 2, No 1 (2022): Volume 2 Nomor 1, Maret 2022
Publisher : Faculty of Law Pattimura University

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Introduction: The diplomatic representative building is a place used to carry out all activities related to the mission of diplomatic officials and has been protected by law. But in reality, the diplomatic mission building has always been the target of armed conflict and caused such destruction that diplomatic representatives could not carry out their duties properly.Purposes of the Research: Know and analyze the protection arrangements of diplomatic representative buildings according to the Vienna Convention on Diplomatic Relations 1961. Methods of the Research: The research method used is normative legal research by reviewing legal literature using statutory regulations, case approaches and conceptual approaches.Results of the Research: The results of the research showed that the diplomatic representative building is legally protected under Article 22 of the Vienna Convention on Diplomatic Relations 1961. The convention obliges the receiving state to take all steps to protect the mission building against intrusion or destruction. This obligation applies even if the receiving country is in an armed conflict, whether international or non-international. The armed conflict in Yemen caused the destruction of the Indonesian diplomatic representative building. Therefore, Yemen as a receiving country is considered negligent in carrying out protection and is required to be responsible internationally.
Penerapan Prinsip Non-Refoulment Kepada Pengungsi Etnis Rohingnya oleh Negara Asean Krismansia Matulessy; Lucia Charlota Octovina Tahamata; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 1, No 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law Pattimura University

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Introduction: This study discusses the application of the principle of non-refoulement that has been agreed upon in the 1951 Convention concerning the Status of Refugees against Rohingya Ethnic Refugees by Asean Countries.Purposes of the Research: Analyzing and knowing the urgency Analyzing the application of the principle of non-refoulement to Rohingya refugees by ASEAN countries. Methods of the Research: This study uses a normative juridical method with the legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific papers and literature.Results of the Research: Non-refoulement has binding power and must be obeyed by every country in the world considering that the principle of non-refoulement has a correlation with the principle of ius congens/jus congens which is coercive and bound for every State to implement it, both countries that are directly involved in the Convention and who are not involved. The implementation of the principle of non-refoulement against the Rohingya by ASEAN has not been fully implemented effectively. This can be seen from several ASEAN countries that are not proactive in handling the problem of Rohingya refugees. ASEAN as a Regional Organization that has the authority to intervene in human rights issues in Southeast Asia cannot act effectively because it is subject to the principles of non-intervention and consensus.
Pengalihan Fungsi Situs Warisan Dunia Hagia Sophia Menurut Konvensi Warisan Dunia 1972 Devia Dewenia Matital; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 1, No 9 (2021): Volume 1 Nomor 9, November 2021
Publisher : Faculty of Law Pattimura University

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Introduction: Hagia Sophia is a historic building in Turkey and has been a UNESCO World Heritage Site since 1934 and has now been converted into a mosque by President Erdogan. UNESCO is the only United Nations agency that has a specific task of protecting cultural heritage which is under international control. The protection of the world's creativity and cultural diversity is contained in Article 7 of the 1972 World Heritage Convention.Purposes of the Research: This writing aims to examine and analyze how UNESCO functions in providing protection for World Heritage Sites whether the function of the Hagia Sophia World Heritage Site is contrary to the 1972 World Heritage Site Convention.Methods of the Research: The research method in this paper uses a normative juridical research type. The research approach used is a statutory approach, a conceptual approach and a case approach. The procedure for collecting legal materials uses primary legal materials and secondary legal materials through books, articles, journals and the writings of legal experts, as well as legal materials analysis techniques in this study using qualitative analysis techniques.Results of the Research: The results obtained are to explain that The results obtained show that, UNESCO as an organization that has a function to protect and preserve world culture is embodied in the 1972 World Heritage Site Convention, UNESCO is obliged to provide assistance in the form of funding, preservation in terms of technique and professional training, related to the transfer of the status of Hagia Sophia. does not conflict with the 1972 World Heritage Convention, because the convention does not yet regulate the Transfer of the Status of Historic Buildings. For this reason, it is suggested that in the 1972 World Heritage Convention there should be rules governing the Transfer of the Status of a Historic Building Site that is already included in a World Heritage Site, while respecting the principle of state sovereignty and in terms of the protection of a Building Site there must be cooperation between the government where the heritage is located. with UNESCO so that efforts to protect and preserve a Building Site can be carried out properly.
Perlindungan Hukum Bagi Penduduk Sipil Di Wilayah Konflik Armenia Azerbaijan Cherry Evans Dgwait Timisela; Lucia Charlota Octovina Tahamata; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 1, No 8 (2021): Volume 1 Nomor 8, Oktober 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The protection of the civilian population in the presence of an international armed conflict has been speciafically regulated in Genewa Convention IV 1949 concerning the Protection of Civilians in Conflict Areas. However, in the conflict over the territory of Nagorno-Karabakh by the State of Armenia and Azerbaijan, there are still a number of violations against civilians, where during the conflict, many civilian casualties continue to fall.Purposes of the Research: For this reason, this study aims to examine and determine the mechanisms and forms of protection for civilians in armed conflict according to Genewa Convention IV 1949. Methods of the Research: This research is a normative legal research, using a law approach and a case approach. Research data sources include primary, secondary and tertiary data sources. Data collection techniques in the form of literature studies. The data analysis technique used is descriptive qualitative.Results of the Research: The results showed that there were violations against the civilian population in the Nagorno-Karabakh conflict area by the State of Armenia and Azerbaijan, in the form of killing, raping, holding hostages, and discrimination.
Kebijakan Negara Filipina Tentang Penembakan Mati Pelaku Kejahatan Narkoba Dalam Perspektif Hukum Hak Asasi Manusia Internasional Brenda Jacobs; Lucia Charlota Octovina Tahamata; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 1, No 6 (2021): Volume 1 Nomor 6, Agustus 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The Philippines is one country that provides serious penalties for drug offenders. The war on drugs is a policy carried out by the president of the Philippines, Duterte, to eradicate drug crimes. The victims who are suspected drug users and dealers are arrested and shot to death without a judicial process and a decision that has permanent legal force. Purposes of the Research: The method used is a normative juridical research method using a case approach, a statutory approach and a conceptual approach.Methods of the Research: This research is an empirical legal research, using a law approach and a case approach. Research data sources include primary, secondary and tertiary data sources. Data collection techniques in the form of library research and field studies. Technical Analysis of the data used is descriptive qualitative.Results of the Research: The results obtained explain that the regulation of drug dealers and users is regulated in international law and is also regulated in Philippine national law. The war against drugs in the Philippines by shooting dead drug crimes is contrary to international legal instruments, namely violations of human rights, especially the right to life. Because someone can not be killed arbitrarily, and can not be punished before the court site for accusations of wrongdoing. Thus, it is hoped that the policies carried out by the President of the Philippines will prioritize human rights with more attention to the rules regarding human rights.
Upaya Hukum Filipina untuk Mendapatkan Hak Berdaulat atas Kepulauan Kalayaan (Kepulauan Spartly) Olivia Lebrina Inuhan; Lucia Charlota Octovina Tahamata; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 1, No 3 (2021): Volume 1 Nomor 3, Mei 2021
Publisher : Faculty of Law Pattimura University

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Introduction: The Spratly Archipelago are one of the archipelago located in the South China Sea and have relatively many natural potentials so that these islands are claimed by several countries, one of which is the Philippines. The Philippines claims several islands and considers that the Philippines has legality of sovereign rights in the Philippine Exclusive Economic Zone, and names the claimed islands as the Kalayaan islands, but the claims made by the Philippines are challenged by several countries, one of which is China. Therefore, this paper will further examine Philippine legal efforts to gain sovereign righs over the Kalayaan acrhipelago (Spratly Archipelago).Purposes of the Research: The purpose of this writing is, the legality of the Philippine sovereign rights in the Kalayaan Archipelago (Spartly Archipelago) according to UNCLOS 1982.Methods of the Research: Research methods are used with namely normative research types, statutory approaches and case approaches, primary legal materials and secondary and material collection procedures using library research and documentary studies.Results of the Research: From the results of the research, the problem shows that the legality of the Philippines, which is a coastal state, has sovereign rights over the EEZ in its territory. The claim made by the Philippines in the Spratly Islands against Kalayaan can be said to be legal because it has a fairly strong juridical and factual basis, seen when the Arbitase Court in The Hague won the Philippine lawsuit over the case of the Spratly Islands which has been claimed as its territory. The judge emphasized that China does not have an Exclusive Economic Zone in the Spratly Islands, which has been in dispute with the Philippines. Each coastal State is obliged to respect each other's sovereign rights in the EEZ of each country. The Philippines must take a new way to gain legal force on the sovereign rights of the Philippine EEZ, one of which is to submit a request to the International Court of Justice to cooperate and make a joint agreement with the disputing countries so that the legality of the Philippines' sovereign rights is recognized.
Pengaturan Pengunduran Diri Anggota Negara ASEAN Andi Jailani Sanduan; Efie Baadilla; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 1, No 2 (2021): Volume 1 Nomor 2, April 2021
Publisher : Faculty of Law Pattimura University

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Introduction: ASEAN in general is one of the international organizations in the Southeast Asian region whose initial goal was to form a peace zone in the Southeast Asian region.Purposes of the Research: Analyze and discuss arrangements regarding the resignation of member countries from ASEAN membership.Methods of the Research: The research method used in this research is normative law which is sourced from primary, secondary, tertiary legal materials, which data collection is carried out through literature studies.Results of the Research: Based on the results of this study, it is revealed that the resignation of ASEAN member countries cannot be carried out. It is clear that the Vienna Convention on the Law of Treaties 1969 stipulates that if there is no regulation regarding withdrawal from an international treaty, then the resignation cannot be carried out. However, if a country is difficult to withdraw from ASEAN or other international organizations, it can be said that the member country concerned continues to violate its obligations as a member. Therefore, it would be better to put forward the principles of the ASEAN Way as a norm for peaceful dispute resolution and emphasize deliberation and consensus
Pengaturan Hukum Internasional Untuk Tenaga Kerja Anak Ilegal Norma Rizqitha Latukaisupy; Arman Anwar; Dyah Ridhul Airin Daties
TATOHI: Jurnal Ilmu Hukum Vol 1, No 1 (2021): Volume 1 Nomor 1, Maret 2021
Publisher : Faculty of Law Pattimura University

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Introductioan: The purpose of this study is to explain the problem of child labor in general that requires deeper attention, with the consideration that employing a child who is still below the minimum human limit for work can be interpreted as a form of human rights violation.Purposes of the Research: Know and analyze the regulations regarding international law for illegal child labor.Methods of the Research: This study uses a normative juridical method with legal materials used in the study are primary, secondary and tertiary with the use of literature study techniques in the form of international legal regulations, scientific papers and literature.Results of the Research: The results showed that child labor was found in exploited conditions, worked more than the time stated in the regulations and received wages far below the UMK. Child laborers also have not received protection in terms of legal aspects that has been ratificated by the national law. The existing legal protection system for child labor has not been implemented in real terms and the Convention on the Rights of the Child and the ILO Conventions as some of the protection systems for child labor cannot be fully implemented because there are still violations of the right for children.
Eksplorasi Minyak Republik Rakyat Tiongkok (RRT) Di Reed Bank Dan Dampaknya Bagi Kedaulatan Filipina Mioldry Evilyn Saleky; Josina Augustina Yvonne Wattimena; Dyah Ridhul Airin Daties
SANISA: Jurnal Kreativitas Mahasiswa Hukum Vol 1, No 2 (2021): Volume 1, Nomor 2, Oktober 2021
Publisher : Faculty of Law Pattimura University

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Introductioan: Oil exploration carried out by the people’s Republic of china at the reed bank. China is based on the nine dash line, but the philippnes claims that the reed bank is its territory based on the UNCLOS 1982.Purposes of the Research: This paper aims to determine and analyze the impact of oli exploration in the reed bank with the sovereignty of the Philippines. Methods of the Research: The research method in this writing uses the type of analytical prescriptive research. The research approach used is a statutory approach, a conceptual approach and a case approach. The procedure for collecting legal materials uses primary legal materials and secondary legal materials through books, articles, journals and the writings of legal experts, as well as legal materials analysis techniques in this study using qualitative analysis techniques. Results of the Research: The results obtained are to axplain that the impact of oil exploration in the reed bank by the RRT on the Philippines is not yet real yet, but with the action of oli exploration in the reed bank that continues to be carried out by the RRT, it will pose a threar to the sovereignty of the Philippines in the future.
Co-Authors Alessandro Willem Selfiano Everhard Kuhuparuw Andi Jailani Sanduan Arman Anwar Arman Anwar Astriyani Irawan Basafa Asmawati Aziz Udin Brenda Jacobs Cherry Evans Dgwait Timisela Dahalia Fatima Toekan Devia Dewenia Matital Efie Baadila Efie Baadilla Erica Febrianti Ezra Raphael Timotius Fadilah Lay Fatimah Ely Giovanny Pricillia Huwae Golda C L Ingratubun Joel Tetelepta Johanis Steny Franco Peilouw Josina Augustina Yvonne Wattimena Krismansia Matulessy Lucia Charlota Octavina Tahamata Lucia Charlota Octovina Tahamata Mioldry Evilyn Saleky Neladi Frisilia Lilipaly Norma Rizqitha Latukaisupy Olivia Lebrina Inuhan Popi Tuhulele Rachma Rizky Melania Latuconsina Rusvinna Rizky Hariyanti